ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1955 JANUARY–FEBRUARY SESSION 1955 Vol. 1

Short Title: PUBLIC SCHOOLS — SEPARATION OF RACES.
Law Number: No. 82
Origin: (Senate Bill No. 40).

Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that no State or local funds derived from taxation or otherwise, shall be appropriated, paid out, used, or in any wise expended, directly or indirectly for the maintenance, upkeep, operation, or support of any public school district or system in this State which does not provide separate schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public schools do not attend separate schools; nor shall any such money be appropriated, used, paid out, or in any wise expended, directly or indirectly, for the payment of any salary or compensation of any nature or character whatsoever to any teacher, instructor, employee or official of any public school district or system instructing mixed classes of white and colored children or in any wise concerned in the maintenance, upkeep, support or operation of any public school district or system which does not maintain and provide separate public schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public schools are not educated in separate schools; provided, however, that the provisions of this section shall not apply to the annual capital outlay funds allotted to the local school units as referred to in the General Appropriations Act approved February 20, 1953, or to any funds hereafter appropriated for capital outlay purposes, nor to funds for payment of principal or interest on any bonded indebtedness.

Section 2. Be it further enacted by the authority aforesaid, that no budget filed or submitted under Sections 32-619 and 32-620 of the Code of this State shall be approved by the State Board of Education, the State Superintendent of Schools, or other official, which does not provide that all items of proposed expenditure set forth therein shall lapse and become void in the event separate schools for white and colored children should not be maintained and operated in the school district, system or unit submitting such budget and throughout the entire district or system and in the event all the white and colored children attending the public schools thereof do not attend separate schools; and no public school system, district or unit in this State or any officer or employee thereof shall make any expenditure of any public funds for the maintenance or operation of such district, system or unit or any school therein until the budget referred to in said sections of the Code shall have been approved by the State Board of Education or the State Superintendent of Schools as provided in said Code Section 32-620; provided, however, said district, system or unit and the officials thereof shall in all events make payment of sums due the State School Building Authority and payment of principal and interest on any bonded indebtedness, the provisions of this section notwithstanding.

Section 3. Be it further enacted by the authority aforesaid, that any official of this State, or of any county, city or school district, system or unit, or any other person, who shall offend against any provision of this law, or aid or abet therein, or be in any wise therein concerned, shall be guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary for a period of not less nor more than two years; and it shall be the duty of the Attorney-General to conduct the prosecution.

Section 4. Be it further enacted by the authority aforesaid, that any official of this State, or of any county, city or school district, system or unit, who shall be in any wise concerned in paying out, using or in any wise expending any State or local funds contrary to the provisions of this law, shall be liable for the amount so paid out, used or in any wise expended, which shall be recovered against him in an action at law in the name of the State, and the sureties on any official bond of such officer shall be likewise jointly and severally liable in such action, and the recovery shall be paid into the State treasury, it being the duty of the Attorney-General to institute such action upon direction of the Governor.

Section 5. Be it further enacted by the authority aforesaid, that the provisions of this Act shall apply to all public school systems in this State, including those maintained and operated by counties and cities, including independent local systems, and all public school systems whether created before or after the Constitution of 1877; and this Act shall apply to all counties and cities and school districts within this State and all the officials thereof.

Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed.

Approval Date: Approved February 11, 1955.

Page: 174-176